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CHECKLISTFREQUENTLY-ASKED QUESTIONS ABOUT PATENTS (USA)
 
 What do the terms "patent pending" and "patent applied for" mean?
They are used by a manufacturer or seller of an article to inform thepublic that an application for a patent on that article is on file in thePatent and Trademark Office. The law imposes a fine on those who use theseterms falsely to deceive the public.
 
Is there any danger that the Patent and Trademark Office will give othersinformation contained in my application while it is pending?
No. All patent applications are maintained in the strictest confidenceuntil the patent is issued. After the patent is issued, however, the Officefile containing the application and all correspondence leading up toissuance of the patent is made available in the Files Information Unit forinspection by anyone and copies of these files may be purchased from theOffice.
 
 May I write to the Patent and Trademark Office directly about myapplication after it is filed?
The Office will answer an applicant’s inquiries as to the status of theapplication, and inform you whether your application has been rejected,allowed, or is awaiting action. However, if you have a patent attorney oragent of record in the application file the Office will not correspond withboth you and the attorney/agent concerning the merits of your application.All comments concerning your application should be forwarded through yourattorney or agent.
 
Is it necessary to go to the PTO to transact business concerning patent matters?
No. Most business with the Office is conducted by correspondence.Interviews regarding pending applications can be arranged with examiners ifnecessary, however, and are often helpful.
 
If two or more persons work together to make an invention, to whom will the patent be granted?
If each had a share in the ideas forming the invention, they are jointinventors and a patent will be issued to them jointly on the basis of aproper patent application. If, on the other hand, one of these persons hasprovided all of the ideas of the invention, and the other has only followedinstructions in making it, the person who contributed the ideas is the soleinventor and the patent application and patent shall be in his/her namealone.
 
 
 
Does the Patent and Trademark Office control the fees charged by patentattorneys and agents for their services?
No. This is a matter between you and your patent attorney or agent in whichthe Office takes no part. To avoid misunderstanding you may wish to ask forestimate charges for: (a) the search (b) preparation of the patentapplication, and (c) Patent and Trademark Office prosecution.
 
 
If one person furnishes all the ideas to make an invention and anotheremploys him or furnishes the money for building and testing the invention,should the patent application be filed by them jointly?
No. The application must be signed by the true inventor, and filed in thePatent and Trademark Office, in the inventor’s name. This is the person whofurnishes the ideas, not the employer or the person who furnishes themoney.
 
 Will the Patent and Trademark Office help me to select a patent attorney oragent to make my patent search or to prepare and prosecute my patentapplication?
No. The Office cannot make this choice for you. However, your own friendsor general attorney may help you in making a selection from among thoselisted as registered practitioners on the Office roster. Also, some barassociations operate lawyer referral services that maintain lists of patentlawyers available to accept new clients.
 
 Will the Patent and Trademark Office advise me as to whether a certain patent promotion organization is reliable and trustworthy?
No. The Office has no control over such organizations and does not supplyinformation about them. It is advisable, however, to check on thereputation of invention promotion firms before making any commitments. Itis suggested that you obtain this information from the Better BusinessBureau of the city in which the organization is located, or from the bureauof commerce and industry or bureau of consumer affairs of the state inwhich the organization has its place of business. You may also undertake tomake sure that you are dealing with reliable people by asking your ownpatent attorney or agent or by asking others who may know them.
 
 Are there any organizations in my area which can tell me how and where I may be able to obtain assistance in developing and marketing my invention?
Yes. In your own or neighboring communities you may inquire of suchorganizations as chambers of commerce, and banks. Many communities havelocally financed industrial development organizations, which can help youlocate manufacturers and individuals who might be interested in promotingyour idea.
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